SETH CONSTRUCTION COMPANY, THROUGH SHRI RAJKUMAR S/O BHURKAN DONGRE, AGED ABOUT 37 YEARS, OCCU: CONTRACTOR, BAIRAMJI ROAD, IN FRONT OF POONAM CHAMBERS, NAGPUR 24 Vs. SHRI RAMCHANDRA S/O PURNACHANDRA KALE, AGED 60 YEARS, OCCU: RETIRED & ORS.
HIGH COURT OF BOMBAY
Seth Construction Company, Through Shri Rajkumar S/O Bhurkan Dongre, Aged About 37 Years, Occu: Contractor, Bairamji Road, In Front Of Poonam Chambers, Nagpur 24
Shri Ramchandra S/O Purnachandra Kale, Aged 60 Years, Occu: Retired And Ors.
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SHALINI PHANSALKARJOSHI, J. -
(1.) This appeal raises an interesting question of law as to whether the concrete mixture machine can be called as "motor vehicle" within the meaning of section 2(28) of the Motor Vehicles Act, 1988 (hereinafter will be referred to as "Act" for convenience).
(2.) Appeal is directed against the judgment and award passed on 27/01/2014 by M.A.C.T. Nagpur in Claim Petition No. 896/2005, thereby directing the appellant, who is the owner of the concrete mixture machine to pay the compensation of Rs.6,27,000/- to the respondent nos.1 and 2, who are the parents of deceased Harish, with interest at the rate of 7.5% per annum from the date of the order till its realization.
(3.) Brief facts of the appeal, can be stated as follows:-
Respondent nos.1 and 2 are the parents and respondent no.3 is the brother of the deceased Harish. On 12/12/2004 at about 11:30 p.m., Harish was proceeding on his motorcycle Bajaj Boxer bearing no. MH31BJ7206 from Sitabuldi to his house. Near the turning of Khamla Basti on Khamla Road, his motorcycle slipped on the road while taking turn because of the debris material like concrete, mud and other materials lying on the road, which was on account of excavating of the earth for the construction of the road. The said work was being carried out by the appellant, who was engaged by the respondent no.4, Nagpur Municipal Corporation as a Contractor. Deceased, on account of slipping from the motorcycle, fell down on the concrete mixture machine, which was kept on the road in a negligent manner, without any danger sign, or without any barricades or indicators. As a result of the accident, Harish sustained injuries to his head. Though he was taken to the Medical College and Hospital at Nagpur for treatment, there, he was declared as dead on admission. Respondent nos.1 and 2, therefore, had lost their son in his untimely death on account of negligent act on the part said construction company of keeping the concrete mixture machine as well as materials unattended lying on the road without any signal to show the presence of said machine at the spot and further to show that the work was in progress at the site. ;
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